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Meaning of the line "statement of complainant on SA"
24-Oct-2023 (In Criminal Law)
"On SA" means the complainant's statement was recorded "on solemn affirmation" (i.e., under oath/affidavit) when the Magistrate examined the complainant under Section 200 CrPC; Section 200 requires examination of the complainant on oath (see Section 200 CrPC text). [https://www.indiacode.nic.in/show-data'actid=AC_CEN_5_23_000010_197402_1517807320555&orderno=228]. The Supreme Court has explained the role of such sworn statements at the Section 200/202 stage (Vijay Dhanuka v. Najima Mamtaj (2014)). [https://lawfyi.io/vijay-dhanuka-etc-vs-najima-mamtaj-etc-on-27-march-2014/]. Courts also recognise that in certain statutes (notably NI Act Section 145) a complainant may give evidence by affidavit and the Magistrate may rely on that without fresh oral SA (see K.S. Joseph v. Philips Carbon Black Ltd. (2016) and Mandavi Cooperative Bank v. Nimesh B. Thakore (2010)). [https://nearlaw.com/PDF/SC/2016/2016-ALL-SCR-%28CRI%29-733.html] [https://indiankanoon.org/doc/103044150/]. Note: the CrPC regime has been succeeded by the Bharatiya Nagarik Suraksha Sanhita (BNSS) in the new criminal law framework; see BNSS (browse). [https://www.indiacode.nic.in/handle/123456789/21615'view_type=browse].
The SA full form in law is "Solemn Affirmation" or "Sworn Affidavit."
When a complaint is made to a magistrate under Section 200 CrPC, the magistrate is required to examine the complainant and any witnesses under oath. The phrase ?statement of complainant on SA? means that the complainant has given their statement under solemn affirmation or oath. This ensures that the statement holds legal validity and can be used as evidence in court.
In legal India, the term "on SA meaning in court" refers to the complainant's statement recorded under oath during preliminary examination before the magistrate. This process helps the magistrate determine whether there is sufficient prima facie evidence to take cognizance of the offence.
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Adv. Chikirsha Mohanty
Delhi | 200+ Answers
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If you have filed an application under Section 200 CrPC, the magistrate examines the complainant's statement under oath to determine the merits of the case. The examination of SA in court means that the complainant has provided a sworn statement, which is legally binding.
For further assistance, you may contact a lawyer to ensure that your statement aligns with your legal claims, as it may be used during cross-examination in court.
Adv. Dev Yati
Adv. Dev Yati
Delhi | 5+ Answers
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